Illustrative Image: Shamila Batohi and Anton du Plessis. (Image: Sourced / National Prosecuting Authority – South Africa) 
An article in City Press over the weekend, which alluded to “sources” but did not attribute information to anyone directly, leaked the information that the security clearance for deputy director at the National Prosecuting Authority (NPA) Anton du Plessis was denied.
“This is just people trying to create a storm in the proverbial teacup. It’s really not an issue. The NPA Act does not require staff to get top secret clearance. Not even ministers and directors-general are required to get that level of clearance,” Batohi told Daily Maverick on a brief call between meetings at the G20 Summit in Brazil.
“We will not be distracted by these attempts to distract us.”
Batohi pointed out that Du Plessis’ work as the head of strategy, operations and compliance at the NPA, doesn’t involve him looking at any top-secret documents or even making decisions to prosecute.
“There are processes to follow. I have already engaged with the director-general of the State Security Agency (SSA) and have sent her a formal letter requesting that this matter is reconsidered, taking into account all the facts and circumstances of this particular matter,” she said.
Other options include an appeal to the Minister in the Presidency or the legal route. However, Batohi says all internal avenues will be explored first. Du Plessis’ dual citizenship (South African and UK) is apparently the bone of contention that resulted in his security clearance being denied – after he underwent the stringent vetting process including a polygraph test with no issues.
The dual citizenship was applied for and approved long before he joined the NPA. Du Plessis has never worked in the UK and Batohi pointed out that he left a lucrative position abroad to take up a post at the NPA and “fight the good fight”.
“I think that the timing [of the allegations] is quite challenging, at a time when the NPA has really set a very solid foundation for a future-proofed NPA. There’s still work to be done, but with the Investigative Directorate (ID), with its criminal investigative powers, as well as our partnerships with business to set up state-of-the-art forensic data analytical capability, things are coming together. Even though case convictions may not have happened [yet], there are lots of very important cases that have been enrolled,” she said.
Read more: Heavy criticism of National Prosecuting Authority, but slow and steady might win the race
Official NPA response
In an official response to the City Press article, the NPA said it was concerned about “unwarranted and politically motivated attacks against the organisation, and the smear campaign against its senior staff. The timing and nature of these attacks come from well-worn playbooks that aim to undermine the work of the NPA as it makes progress against serious corruption.”
The statement goes on to say:
“The NPA does not normally discuss security vetting of its staff as these are obviously confidential processes. We consider the timing of this leaked confidential information in a very serious light, and provide the following contextualised response.
“The NPA has complied with all relevant prescripts and processes in relation to vetting of its staff in terms of relevant laws. It is well known that delays in vetting remain a challenge across government, and not just in relation to the NPA.
“[Advocate] Du Plessis and the NPA have fully complied with all vetting application prescripts and requirements. He submitted all vetting information on his first day of employment with the NPA in March 2021. He also underwent all required vetting processes, including the polygraph test. NPA leadership enquired several times regarding the delay in his vetting outcome, including that of other senior NPA colleagues.
“After the complete vetting process, no adverse findings were discovered in relation to Adv Du Plessis. After several follow-up requests from the NPA over the past 3 years, on Friday, 11 October 2024, the NPA was informed that the clearance has not been approved based solely on the fact that he holds dual citizenship - which is legal in terms of South African law. Adv Du Plessis formally disclosed this at the outset of his vetting application and to the National Director when he was appointed. There is no legal impediment to holding dual citizenship under South African law. The NPA is delivering on its mandate to prosecute without fear, favour or prejudice.” DM